A significant legal decision that could reshape Ontario's daily fantasy sports (DFS) and online poker landscape is currently under review by five appeal court judges.

Canadian Gaming Association president Paul Burns attended the three-day Ontario Court of Appeal proceedings, which focused on whether Ontario-based players can legally participate in peer-to-peer games against players outside the province without violating the Criminal Code.

Currently, gambling sites licensed by the Alcohol and Gaming Commission of Ontario can only accept wagers from Ontario residents. When Ontario's regulated market launched in April 2022, operators like DraftKings and FanDuel had to either create separate Ontario-only platforms or cease operations in the province.

The legal arguments centered around:

• The CGA and Ontario Attorney General's office advocating for cross-border play with provincial regulatory oversight
• The Canadian Lottery Coalition and Mohawk Council of Kahnawà:ke opposing this position
• Debate over what constitutes legal international play under the Criminal Code

A significant development includes iGaming Ontario's upcoming transition to an independent agency in 2025, separating it from the provincial lottery corporation.

The court's decision, which could take up to six months due to backlog, will determine whether Ontario players can join international player pools while remaining under provincial regulatory protection. This ruling will have significant implications for the future of online gaming in Ontario.

Key considerations for the court include:

• How international liquidity pools would function
• Maintaining Ontario's regulatory standards for local players
• Coordination between jurisdictional regulators
• Criminal Code compliance

The final decision could fundamentally change how DFS and online poker operate in Ontario, potentially opening the market to international player pools while maintaining provincial oversight.

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